Did the law overreach to catch "Golden State Killer" - DNA misuse??

[packman]

California investigators were able to track down “Golden State Killer” suspect Joseph James DeAngelo using a relative’s genetic information stored in genealogical website databases, the Sacramento district attorney’s office confirmed to HuffPost on Thursday...

...On Thursday, Chief Deputy District Attorney Steve Grippi confirmed reports that investigators used DNA collected from one of the crime scenes decades ago and compared it to genetic profiles on genealogical websites. Such sites allow individuals to present DNA samples in order to learn about their family backgrounds and determine any genetic predispositions they may have.

Glad they caught the monster - BUT - There may be an issue here about using one's DNA that they send out for heritage testing to track down a criminal



https://www.huffingtonpost.com/entry/dna-genealogy-site-golden-state-killer-suspect_us_5ae25c20e4b04aa23f215823

[vi5]

1. Yeah, that seems shady to me...

....I'm not big on stretching too far to find "slippery slope" arguments but this seems like bad news.

[Siwsan]

2. I guess that depends on any 'fine print' you might sign off on when sending in the sample

I have no idea what is involved in that process. I also think those DNA gathering sites are fraught with potentials for abuse.

[Blue_Adept]

3. California has laws about this, as it's supposed to be a last resort thing

But there's also the simple reality in that if you put your DNA out there publically, which some of these genealogy sites do in order to help you find your relatives, it's the same as posting to twitter or facebook. You put it out there in the public sphere.

[Kirk Lover]

4. Well if you don't do shit then there won't be shit. nt

[packman]

8. Yah, but - suppose your 3rd cousin Elmo on you Momma's side

decides to hold up the local Piggy Wiggly. And just supposin' you and your wife sent out a DNA for heritage testing some time ago. Cops come anockin' on your door "We have some evidence we'd like to discuss with you regarding your family". Well, Elmo and that side of the family, aren't exactly that close, but now your entire family and relatives are under a DNA cloud not of your making.

[jberryhill]

11. lol

That line reminds me of this speech, for all the wrong reasons.

If a billion people think piss, we will get piss....

[MineralMan]

5. Yeah. I'm guessing that few people who use those DNA services

actually read the paperwork that explains what the companies can do with their information.

We're not very good about reading such documents. Really.

The ones that do family matching are especially suspect. If they can find your long-lost relatives using their data, giving permission to allow that must be part of the package.

It raises very interesting privacy questions, for sure.

[LeftInTX]

15. My hunch is one of his kids or siblings did DNA

Cousins would be iffy...a sibling, a kid would be easy to track and verify the relationship using the standard people search database.

A first cousin, maybe, but it would be a stretch cuz vital statistics generally only include your parents, your siblings, your children, and people who have lived in your home.

[gratuitous]

6. Not sure I'm seeing the misuse here

The perpetrator left DNA evidence at one of his crime scenes. Just like a fingerprint or some other piece of physical evidence, the police collected it, cataloged it, and held it against the day when they could connect it to someone. When the opportunity arose to check that DNA evidence against a database of DNA samples voluntarily submitted by the general population, they zeroed in on persons with a genealogical affinity to that DNA.

Now, the DNA database wasn't specifically set up for this law enforcement research tool, but neither are a lot of things. Historical maps can be used to identify where an apartment building used to stand, or old television schedules can pinpoint for investigators a date and time for a witness ("I remember I was watching Bonanza, the episode where Little Joe falls in love with a pretty girl" ).

[Blue_Adept]

7. I did see a post earlier elsewhere around here

Where it said that there's a 2008 law in California that makes using this kind of information/from these places a thing of last resort and not where investigators can go first. So there's definitely some laws on the book.

[Tikki]

9. NO, did NOT over-reach. There is a California law on the books.

If convicted this old man, who allegedly committed crimes: over 50 rapes and 12 murders, will serve his time.
Too bad he couldn't have been arrested, tried and convicted sooner.

Tikki

[alarimer]

10. No, I'm sure it's all in the terms of service no one bothers to read when they sign up.

Which is why no one is ever getting my DNA. I'm sure 23AndMe or Ancestry.com shares that info with insurance providers and certanly with advertisers.

But in any case, why would a guy who committed crimes (even if he wasn't charged until now) share his DNA anywhere? Seems dumb.

[packman]

12. Didn't have to share his DNA -

except for that left at his crime scenes. THIS DNA came from a relative who submitted it for heritage tracking and they found some linkage and traced it back to him.
As I said, the result is they found this monster and that is good, but makes you wonder how they are using all that DNA in all those heritage sites and what government agencies have their fingers in that DNA pool.

[wishstar]

13. GedMatch was the specific site used -that site allows anyone to transfer downloaded DNA onto site

from san jose mercury news:
'Lead investigator Paul Holes, a cold case expert and retired Contra
Costa County District Attorney inspector, said his team’s biggest tool
was GEDmatch, a Florida-based website that pools raw genetic profiles
that people share publicly. No court order was needed to access that
site’s large database of genetic blueprints. Other major private DNA
ancestral sites said they were not approached by police for this case"

Gedmatch does not charge to send out DNA sample kits, but instead allows downloaded DNA from a computer to be transferred onto their site for analysis and matches. Lucky break for investigation, as from my experience Gedmatch is not as helpful in finding identities and family trees for matches as Ancestry . But most Gedmatch participants allow their email addresses to be shown to other participants for contact unlike Ancestry where participants don't have access to members email addresses, but the Ancestry site serves as an intermediary for messaging.

[NutmegYankee]

14. Given that the major companies stated they didn't assist

I suspect it was clandestine. I think they created a fake person and submitted the sample, then used the matches to narrow down a suspect.

[LeftInTX]

16. They apparently used GedMatch

Here is a statement from GedMatch

April 27, 2018 We understand that the GEDmatch database was used to help identify the Golden State Killer. Although we were not approached by law enforcement or anyone else about this case or about the DNA, it has always been GEDmatch�s policy to inform users that the database could be used for other uses, as set forth in the Site Policy ( linked to the login page and https://www.gedmatch.com/policy.php). While the database was created for genealogical research, it is important that GEDmatch participants understand the possible uses of their DNA, including identification of relatives that have committed crimes or were victims of crimes. If you are concerned about non-genealogical uses of your DNA, you should not upload your DNA to the database and/or you should remove DNA that has already been uploaded.To delete your registration contact [e-mail]

The odds are it was a close relative who submitted the DNA. Cousins can be iffy to trace. A child 1 next to the generation. A full sibling 1.2. Half siblings 1.4 Grandchild/Nephew/Niece 1.4-1.8

Your children, siblings and grandchildren would have legal documentation tracing them to you.


First Cousins 1.9-2.2 But cousins can be hard to track because they are not related to you in a "legal sense". Lots of dead ends. They would have to find the cousin's 4 grandparents via census info. Then they would have to look at all of the children of the grandparents using birth and death records. And then using good old fashioned detective work, they would have to research every surviving male grandchild who is old enough to have committed these crimes.